Seanad debates

Tuesday, 25 November 2008

Cluster Munitions and Anti-Personnel Mines Bill 2008: Second Stage

 

5:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

Cuirim fáilte roimh an Aire Stáit go dtí an Teach anocht and I compliment him on his good work in overseas aid. He has displayed a tremendous grasp of and feel for his area of responsibility. We all support his humanitarian efforts.

I welcome this opportunity to discuss a fine example of international humanitarian law. As the Minister of State mentioned, it sets us a new benchmark. It is good news, although we might not see it in tomorrow's headlines or it might not be the first item on news programmes on television. Obviously, the situation would be reversed were it bad news. This is a pity, as the Bill is an indication of Ireland's role in this area. As Senator Hannigan stated, we can be proud of the respect and regard in which Ireland is held for initiating and playing a part in many humanitarian issues.

The Minister of State clearly outlined how the basic rule of international humanitarian law is the protection of civilians, particularly in times of armed conflict. While a clear distinction must be made between combatants and civilians, it is not always done. The rule permits people to direct operations against combatants and military objectives only and prohibits indiscriminate attacks. Where a weapon is incapable of distinguishing between civilians and combatants, as in the case of cluster munitions and landmines, it violates the rule. It is good that we have taken the initiative.

There are many areas across the globe where conflicts took place in the past and where people, generally children, are suffering the consequences of indiscriminate military activity such as that to which I refer. In the past two years, my wife and I spent a week's holiday in Japan and took a 900-mile detour in order to visit Hiroshima. We were shocked by what we saw. Unfortunately, immediately after the Second World War, the Japanese moved to eradicate the evidence of the attack on Hiroshima because there was an element of national shame attached to what happened. They did, however, preserve that iconic public building with which everyone is familiar from photographs in books and on postcards. There is also a very good museum at that location. When one realises that more than 250,000 were killed when Hiroshima was bombed and that so many were affected subsequently, one comes to the conclusion that it was an extremely appalling and unjustified attack on innocent people. Nagasaki was the subject of a similar attack under a week later. There is much evidence that indiscriminate attacks took place during the Second World War.

I watched a recent television programme on the Korean War. During that conflict, many innocent civilians were killed. Other Members referred to the Vietnam War. As the Minister indicated, Laos was most affected by the use of cluster munitions during that war, even though it was not party to the conflict. The Vietnam War gave rise to much revulsion across the globe, including in America where many student and other public campaigns opposing the war took place. More than 260 million cluster munitions were dropped during this conflict. Apparently 80 million of these did not explode and they continue to cause civilian casualties.

The Balkans were affected by the use of cluster munitions, as was Iraq. Up to 100% of significant land areas in the latter are inaccessible because they were peppered with such munitions. The conflict in the Lebanon lasted approximately two decades. Even though it was brought to an end in 2007, some 217 people have since been killed as a result of accidents involving cluster munitions.

Senator Hannigan referred to the International Court of Justice in The Hague, which adjudicates on the atrocities committed by war criminals against civilians in conflicts that took place in the past two decades. That court was established in order to bring people to account but also to act as a deterrent to those involved in conflicts from indiscriminately injuring or killing civilians. It is a pity that not all countries recognise the court. A notable example in this regard is the US. This is a sad reflection on the US because the latter was party to many of the conflicts to which I refer. President-elect Barack Obama's new administration, which will include Hilary Clinton as Secretary of State, is determined to restore confidence in the US. The latter is a world leader in so many ways but it should also be a world leader in observing human rights during periods of conflict. One of the actions President-elect Obama could take would be to bring the US under the remit of the International Court of Justice.

The Bill will allow Ireland's representatives to travel to Oslo on 3 December to sign the convention. Only two of the 95 countries that will sign the convention, namely, Ireland and Norway, will already have ratified it in legislation. That is as it should be, particularly when one considers that the Convention on Cluster Munitions was brought into being at the diplomatic conference that took place in Croke Park in Dublin last May.

I note the sensible exclusions that have been made in the provisions of the Bill. There is an onus on signatories to the convention to play their part in encouraging those countries that are not party to it to sign up. I hope that in time all major countries and all those who may be involved in future conflicts will adhere to what is an extremely desirable instrument. The convention is a credit to the country and to the former Minister for Foreign Affairs, Deputy Dermot Ahern, who spearheaded the campaign to have it introduced, and to the current Minister, Deputy Martin, for pursuing it. This highlights the positive aspect of politics and the type of change we can bring about, in Ireland and globally, through our collective and individual efforts.

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